Tobacco retailing laws regulate the advertising and display of tobacco products and non-tobacco smoking products, and ban the supply of these products to children. These laws aim to reduce the uptake of smoking, particularly by young people.
Tobacco retailing laws in NSW are in the
Public Health (Tobacco) Act 2008 and the
Public Health (Tobacco) Regulation 2022.
Key requirements in the legislation include:
- a notification (registration) scheme for retailers selling tobacco products or non-tobacco smoking products
- a ban on the sale of tobacco products and non-tobacco smoking products to anyone under 18
- a ban on the display of tobacco products, non-tobacco smoking products, and smoking accessories in shops
- all tobacco sold must be packaged correctly with appropriate health warnings
- allowing only a single point of sale for tobacco products, non-tobacco smoking products, and smoking accessories in retail outlets
- restricting tobacco vending machines to licensed venues restricted to over 18s
- ensuring that tobacco vending machines comply with product display bans and are only activated by a staff member or by a token which is only available from a staff member
- a ban on tobacco products and non-tobacco smoking products in shopper-loyalty programs
- displaying health warnings and a notice regarding sales to minors at the point of sale.
Notification of tobacco retailing activity
Retail businesses that sell tobacco or non-tobacco smoking products must notify NSW Health before commencing any operations.
Retailers must register their business details, which they can do via the free on-line
Service NSW .
Once registered, the retailer will be issued with a retailer identification number. Retailers need to provide this number to tobacco wholesalers to obtain tobacco products.
For more information, visit Fact sheet - Retailer notification scheme or Frequently asked questions about Retailer Identification Number.
Tobacco licensing scheme
The NSW Parliament has passed legislation to introduce a tobacco licensing scheme in NSW. This scheme is expected to commence from 1 July 2025.
Until the tobacco licensing scheme starts, retailers are still required to have a Retailer Identification Number (RIN).
Retailers with current RINs will receive information soon outlining steps they will need to take to apply for a tobacco licence if they wish to continue selling tobacco and non-tobacco smoking products.
For more information see Tobacco licensing scheme.
Enforcement and penalties
NSW Health inspectors monitor compliance with the legislation. Inspectors educate retailers and can issue warnings, fines or initiate prosecutions against retailers that break the law.
For more information see
Penalties and enforcement.
To ensure you have access to the latest information, we recommend you visit this page regularly.
